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Home My WebLink About19-134Re -Recording to correct scrivenor's error on page 3. Passed and DU1 JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT y SAINT LUCIE COUNTY Adopted date should read September 17, 2019 FILE# 4620490 09/25/2019 11:51:35 AM OR BOOK 4324 PAGE 1310 - 1313 Doc Type: RESO RECORDING: $35.50 RESOLUTION NO. 19-134 A RESOLUTION OF THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS MAKING CERTAIN FINDINGS OF FACT AND DESIGNATING REAL PROPERTY CONSISTING OF APPROXIMATELY 12.34 ACRES GENERALLY LOCATED AT THE PORT OF FORT PIERCE, AS A BROWNFIELD SITE PURSUANT TO SECTION 376.80(2)(A), FLORIDA STATUTES (2018), FOR THE PURPOSE OF REHABILITATION AND PROMOTING ECONOMIC DEVELOPMENT; AUTHORIZING THE COUNTY ADMINISTRATOR OR HIS DESIGNEE TO NOTIFY THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION OF THE DESIGNATION; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the State of Florida has provided for the designation of certain real property to be eligible for environmental remediation and economic development under Sections 376.77 through 376.86 Florida Statutes, (2018), ("Brownfields Redevelopment Act"); and WHEREAS, Section 376.79(4), Florida Statutes (2018), defines a `Brownfields Site" as real property, the expansion, redevelopment, or reuse of which may be complicated by actual or perceived environmental contamination; and, WHEREAS, in order to be eligible for environmental remediation and economic development under the Brownfields Redevelopment Act, a Brownfields Site must be designated as such by a resolution of the local government having jurisdiction over the site; and, WHEREAS, the Brownfield Redevelopment Act created a process whereby a local government with jurisdiction over a Brownfield Site must by resolution notify the Florida Department of Environmental Protection of its decision to designate a Brownfield Site under the provisions of the Brownfields Redevelopment Act provided that; (1) A person who owns or controls a potential brownfields site is requesting the designation and has agreed to rehabilitate and redevelop the Brownfield Site; (2) The rehabilitation and redevelopment of the proposed Brownfield Site will result in economic productivity of the area, along with the creation of at least 5 new permanent jobs at the brownfield site, which are full-time equivalent positions not associated with the implementation of the Brownfields Area Rehabilitation Agreement and which are not associated with redevelopment project demolition or construction activities. However, the job -creation requirement shall not apply to the rehabilitation and redevelopment of a Brownfield Area that will provide affordable housing as defined in section 420.0004, Florida Statutes, or the creation of recreational areas, conservation areas, or parks; (3) The redevelopment of the proposed brownfield site is consistent with the local comprehensive plan and is a permitted use under the applicable local land development regulations; (4) Notice and public hearing requirements set forth in Section 125.66(4)(b) have been satisfied; and, JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 4624274 10/02/2019 03:20:20 PM 1 OR BOOK 4328 PAGE 956 - 959 Doc Type: RESO RECORDING: $35.50 WHEREAS, the Board of County Commissioners, as the Port Authority for the Port of Fort Pierce, conducted public hearings on the application on August 13, 2019, and September 3, 2019; and, WHEREAS, the Board of County Commissioners has considered the criteria set forth in Section 376.80(2)(a), Florida Statutes, (2018), and has determined that certain property located at the Port of Fort Pierce (the "Property"), as further described in Exhibit "A", attached hereto and incorporated herein, should be designated as a Brownfield Site eligible under the Brownfields Redevelopment Act. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Saint Lucie County, Florida, as follows: 1. The recitals set forth above are true and correct and incorporated by reference in this resolution. 2. The Board of County Commissioners has reviewed the requirements for a Brownfield Site designation, as specified in Section 376.80(2)(a), Florida Statutes, and makes the following findings: A. St. Lucie County, as the owner of the Property, is requesting the Brownfields Designation, and intends to rehabilitate and redevelop the Property as a Brownfield Site. B. The rehabilitation and redevelopment of the proposed Brownfield Site will result in economic productivity of the area and the creation of at least five (5) new permanent jobs. C. The Property is zoned 1-2 (Marine Industrial). The proposed Port of Fort Pierce redevelopment of these parcels is consistent with the County's adopted comprehensive plan, provided the applicable approvals are obtained, including but not limited to, site plan and building permits. Marine Industry and related uses are permitted uses under City of Fort Pierce 1-2 zoning. The St. Lucie County Parcel ID Nos. are as follows: (1) Parcel ID No. 2403-341-0001-000-8 (2) Parcel ID No. 2403-432-0001-000-7 (3) Parcel ID No. 2403-314-0005-000-2 (4) Parcel ID No. 2403-314-0004-000-5 (5) Parcel ID No. 2403-313-0003-000-5 3. The Board of County Commissioners hereby designates the property as depicted in Exhibit "A", attached and incorporated by reference, as a "Brownfield Site" for purposes of the Brownfields Redevelopment Act. This designation entitles St. Lucie County to negotiate a Brownfields Site Rehabilitation Agreement with the Florida Department of Environmental Protection. This designation shall not render St. Lucie 2 County liable for any costs of site rehabilitation or source removal, as those terms are outlined in Section 376.79 (19) and (20), Florida Statutes. 4. The County Administrator, or his designee, is authorized to notify the Florida Department of Environmental Protection of this resolution designating the property a "Brownfields Site" for purposes of the Act and to do all things necessary and expedient to accomplish the aims of this Resolution. 5. If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion of this Resolution. 6. This Resolution shall take effect immediately upon adoption. After motion and second, the vote on this resolution was as follows: Chair Linda Bartz AYE Vice Chair Cathy Townsend AYE Commissioner Chris Dzadovsky AYE Commissioner Sean Mitchell AYE Commissioner Frannie Hutchinson AYE PASSED AND DULY ADOPTED this 17 day of September, 2019. ATTEST: BY: CO r co BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIR 1 D AS TO FORM AND COPRFrTnifcc L-'tq z,` .- C4